Residential Lease Addenda - Mold and Moisture Condition Record - Texas

TEXAS RESIDENTIAL MOLD AND MOISTURE CONDITION RECORD

Important Use Gate

This addendum records facts and a response workflow. It does not certify that mold exists or does not exist, prescribe licensed work, or replace the notice and remedy requirements of Texas Property Code Chapter 92.

TDLR regulates mold assessors and remediators. TDLR states that its rules do not determine whether mold is present and do not authorize TDLR to compel a landlord cleanup. Keep the landlord-tenant repair analysis separate from the licensing and work-practice analysis.

1. Lease and Property Controls

2. Baseline Condition Disclosure

Complete from actual knowledge and records. “Unknown” is preferable to an unsupported assurance.

Prior leaks, floods, sewage events, roof or plumbing repairs, HVAC or condensation issues, and prior complaints:

[____________________________________________________________]

Prior mold assessment, remediation protocol, work plan, clearance, certificate, insurance, or code documents in the disclosing party's possession:

This section reports identified facts only. It is not a warranty that no concealed moisture, mold, or other condition exists.

3. Tenant Moisture and Condition Notice

A tenant seeking the Chapter 92 repair route should verify every statutory element with counsel. Section 92.052 ties the duty to notice given to the person or place where rent is normally paid, the tenant's rent status when notice is given, and a qualifying condition. If a written lease requires written notice, § 92.052(d) makes that writing requirement relevant.

Notice Record

Tenant notice text:

[____________________________________________________________]

[____________________________________________________________]

The parties may also communicate promptly by telephone, portal, or email, but no informal method should be represented as satisfying a statutory or lease notice requirement without review.

4. Landlord Receipt and Initial Response

The parties may state a good-faith operational target below. It is not labeled as the statutory deadline and does not replace § 92.056's fact-dependent reasonable-time analysis.

Operational target and reason: [________________________________]

5. Inspection and Evidence Register

Do not define an “elevated” mold level from generic sampling. TDLR's current consumer guidance states that standards for an acceptable, tolerable, or normal quantity of mold have not been established and that routine sampling is generally unnecessary. When licensed assessment is used, retain the Consumer Mold Information Sheet, scope, criteria, report, and license verification.

6. Mold Licensing and Exemption Gate

Complete before assessment or remediation work begins.

Section 1958.102 contains different exemptions and limitations. The 2025 amendment repealed former subsection (b); do not use an old saved exemption summary. A licensed contractor's duties may still apply even where an unlicensed owner or employee could qualify for an exemption.

7. Moisture Correction and Work Plan

Licensed-project protocol, work plan, containment, clearance, notification, and record controls:

[____________________________________________________________]

No person signing this addendum is represented as prescribing remediation unless that person is authorized and identified in the work records.

8. Certificate and Completion Records

When a license holder completes mold remediation, § 1958.154(a) requires the license holder to provide the certificate to the property owner no later than the tenth day after completion. That license-holder duty is not a generic ten-day landlord remediation deadline.

Section 1958.154(b)'s five-year certificate-copy rule addresses a later property sale to a buyer. Do not recast it as a five-year residential-tenant disclosure mandate without separate authority.

9. Statutory Repair and Remedy Checklist

This checklist does not decide entitlement.

Section 92.056(d) creates a rebuttable seven-day reasonable-time presumption and directs consideration of notice date, severity and nature, and reasonable availability of materials, labor, and utilities. This addendum therefore does not invent a universal 48-hour report, 10-day remediation, 72-hour relocation, or 10-day termination rule.

10. Costs, Temporary Arrangements, and Reservations

The parties record, without conceding legal responsibility:

No interim payment, access arrangement, or voluntary rent adjustment is an admission, waiver, release, additional-rent designation, indemnity, or final allocation unless a later reviewed agreement expressly says so.

11. No Automatic Default or Risk Shift

This addendum does not:

• make every delayed notice a material lease default;
• authorize eviction based solely on this condition record;
• convert inspection or remediation costs into rent;
• create automatic attorney fees or prevailing-party fees;
• waive or limit a statutory repair duty or remedy;
• require either party to indemnify the other for liability imposed by law;
• cap personal-injury, property, statutory, punitive, consequential, or other damages;
• excuse statutory or safety duties through force majeure;
• waive a jury, select arbitration, or choose an exclusive court; or
• state that a tenant may withhold rent, repair and deduct, terminate, or obtain relief without satisfying current law.

12. Follow-Up Log

13. Acknowledgment of Condition Record

The parties acknowledge receipt of this completed condition record and its listed attachments. Signatures do not certify absence or presence of mold, approve professional work, resolve causation or payment, waive a claim or defense, or amend statutory rights except through a separate enforceable agreement reviewed for that purpose.

Additional tenant:

Signature: ______________________________

Name: [________________________________]

Date: [__/__/____]

Sources and References

• Texas Property Code Chapter 92 — residential tenancies
• Texas Occupations Code Chapter 1958 — mold assessors and remediators
• TDLR — Mold Assessors and Remediators Laws and Rules
• TDLR — Mold Assessors and Remediators FAQs

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